Attorney General Paul Kihara is on Friday expected to appear before senators to explain President Uhuru Kenyatta’s delay to appoint 41 Court of Appeal and High Court judges.
Kihara will appear before the Senate Justice, Legal Affairs and Human Rights Committee chaired by Nandi Senator Samson Cherargei.
“We have summoned him this Friday so that he can explain to us what really happened because it has been long overdue," Cherargei said.
Last week, the lawmakers criticised the President for failing to appoint the judges a year after their names were sent to him by the Judicial Service Commission.
They said the President’s prolonged inaction had crippled services in the courts and violated the rights of the designated judges.
“The role of the President was simply to gazette the names. He had no other role to play after JSC sent the list to him,” Cherargei said.
Makueni Senator Mutula Kilonzo Jr raised the matter, demanding to know why the names had not been gazetted even after a court ruling in February.
The Senate Minority Chief Whip sought a statement on the continued delay by the President to effect the recommendations of the JSC.
“I want an explanation on the continued failure by the Executive to obey court orders under a judgment delivered on February 6, 2020, hence jeopardising the administration of justice,” he said.
The President is yet to appoint the individuals – 11 to the Court of Appeal and 30 to the High Court – since they were interviewed and selected last July.
In February, a three-judge bench of the High Court ruled that the President had no mandate to review, reconsider or decline to appoint those recommended for promotion by the JSC.
Speaker Kenneth Lusaka directed Cherargei’s committee to immediately summon Kihara to explain why the names of the officers had not been gazetted.
Minority Leader James Orengo pointed an accusing figure at the President for refusing to obey the court order.
“The moment a government does not comply with or obey court orders that government could not sit and preside over the affairs of a constitutionally or democratically elected government,” Orengo said.
The bench declared that the President was bound by the recommendations made by JSC on persons to be appointed and failure to make the appointments was a violation of the Constitution as well as the JSC Act.
Orengo said the President’s continued disobedience of the court ruling was a direct assault on the rule of law and the independence and functioning of the Judiciary.
Edited by Henry Makori
